Concrete Oil Tank Co. v. Menefee

Menefee, defendant in error (plaintiff below), recovered judgment in the municipal court on account of personal injuries alleged to have been incurred by reason of the collapsing of the rigging and equipment of plaintiff in error (defendant below) while being used in attempting to erect a smokestack.

To tlio denial of defendant’s motion for a directed verdict at the close of plaintiff’s evidence no exception was taken. The defendant then introduced evidence in its own behalf, and did not repeat its motion for a directed verdict at the close of all the evidence. Defendant then requested and was…